However, the charges levied far exceed the value of the goods at the time of importation, clearly violating the principles of proportionality and reasonableness of public administration actions, which must be fully followed by companies operating under the concession of public services.

In a lawsuit sponsored by the law firm DB TESSER Sociedade de Advogados, on March 24, 2020, the court of the 2nd Federal Court of the District of Itajaí/SC decided to grant an injunction to prevent the Port Terminal from protesting the credit instruments contained in the invoices issued by the Defendant company, by depositing in court the amount that the Plaintiff considers to be due, in order to prevent the abuse perpetrated by the Terminal.

The storage charges already exceeded R$ 698,069.20, and despite efforts to demonstrate that the amounts charged far exceed what is actually owed, the firm had no alternative but to file the appropriate legal action on behalf of the importing company, also requesting the deposit of the amount due, demonstrating its good faith as an operator with extensive experience in foreign trade.

This decision is of paramount importance in combating abusive practices by port operators against importers/exporters.

Therefore, legal assistance and support are indispensable regarding the care and attention to issues experienced daily in international trade, avoiding potential surprises that could lead to the paralysis or probable suspension of the commercial activities of these companies operating in the area.

Preliminary Decision: COMMON PROCEDURE No. 5002958-28.2020.4.04.7208/SC

Decision commented by Rebeca Ayres, Lawyer, graduated in Law in Graduated in 2017 from the Baiana Faculty of Law/BA, specializing in Customs Law and Foreign Trade from Univali-Itajaí.. Areas of Expertise: Customs Law, Tax Law, and Maritime Law. OAB/BA 57.313 and OAB/SC 52.845.